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CITY COUNCIL AGENDA ITEM NO. 16

Meeting Date: May 8, 2001

Subject/Title: Public Hearing to amend Section 9.32.030 of the Brentwood Municipal Code Regulating Construction Noise 

Submitted by: Community Development Department, M. Oshinsky/L. Kidwell

Approved by: Jon Elam, City Manager

RECOMMENDATION
Introduce and wave first reading of Ordinance No revising Section 9.32.030 of the Brentwood Municipal Code.

PREVIOUS ACTION:
On April 10, 2001, Council reviewed this issue and directed staff to return with an Ordinance amendment for the May 8, 2001 meeting.

BACKGROUND:
During Council discussion, several issues of concern were identified. Those issues were:
1. Saturday – 9:00 AM start time may be restrictive; 8:00 AM may be a more reasonable start time.
2. Create a means to allow a variance for extreme hardship by allowing the Building Official to grant an exception when extraordinary circumstances can be demonstrated in advance, and in writing,
3. This Ordinance would apply to new construction only and not extend to construction or repair noise created by existing homeowners.

DISCUSSION:
The items identified above have been included in the Ordinance amendment.

FISCAL IMPACT
None

ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD REVISING SECTION 9.32.030 OF THE BRENTWOOD MUNICIPAL CODE REGARDING UNNECESSARY CONSTRUCTION NOISE IN THE CITY OF BRENTWOOD.


The City Council of the City of Brentwood does ordain as follows:

WHEREAS, there has been a proliferation of new construction in the City of Brentwood; and

WHEREAS, new construction often occurs next to occupied structures; and

WHEREAS, construction creates noise that can be disturbing to the peace and quiet of neighboring residents; and

WHEREAS, neighboring residents should not be burdened by construction noise outside reasonable work hours; and

WHEREAS, a Notice of Public Hearing was legally advertised in the Ledger Dispatch on April 27, 2001 and posted, according to City policies and Government Code 65090; and 

WHEREAS, the City Council of the City of Brentwood held a public hearing on the proposed amendment on May 8, 2001 for the purpose of reviewing the amendment; and

WHEREAS, after the close of the public hearing, the City Council considered all public comments received both before and during the public hearing, the presentation by City staff, the staff report, and all other pertinent documents and associated actions regarding the proposed amendment.

NOW, THEREFORE, the City Council of the City of Brentwood ordains as follows:

Section 1. The Brentwood Municipal Code, Chapter 9.32.030, is amended to add the following (added text underlined, deleted text stricken):

H. Construction noise, not subject to the exemptions as listed in Subsection I, that is created by construction activity, equipment, devices or machinery within 500 feet of an existing residence in such manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants shall be prohibited at all times on holidays and Sundays and, during the hours of:

7:00 PM to 7:00 AM Monday through Friday
5:00 PM to 8:00 AM Saturday


I. The following are exemptions to the noise limits provided in Subsection H:
1) In cases of extreme hardship, the Building Official may allow an exception when extraordinary circumstances can be demonstrated in advance, and in writing; and
2) Repair or maintenance of an existing occupied home.


J. For purposes of this Chapter, holidays shall be defined as all City of Brentwood approved holidays including the following:
New Year’s Eve Day
New Year’s Day 
Martin Luther King’s Birthday
Washington’s Birthday
Memorial Day
July 4th
Labor Day
Veteran’s Day
Thanksgiving
The Day after Thanksgiving
Christmas Eve Day
Christmas Day

Section 2.

A. This Ordinance shall be published in accordance with applicable law, by one or more of the following methods:

1. Posting the entire Ordinance in at least three (3) public places in the City of Brentwood, within fifteen (15) days after its passage and adoption; or
2. Publishing the entire Ordinance at least once in the Ledger Dispatch, a newspaper of general circulation published in the County of Contra Costa and circulated in the City of Brentwood, within fifteen (15) days after its passage and adoption; or
3. Publishing a summary of the Ordinance prepared by the City Attorney in the Ledger Dispatch and posting a certified copy of the entire Ordinance in the Office of the City Clerk at least five (5) days prior to passage and adoption, along with the names of those City Council members voting for and against the Ordinance.

B. This Ordinance shall go into effect thirty (30) days after the date of its passage and adoption.

THE FOREGOING ORDINANCE was introduced at a regular meeting of the Brentwood City Council on the 8th day of May 2001, and adopted at a regular meeting of the Brentwood City Council on the 8th day of May 2001, by the following vote:

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